HomeMy WebLinkAboutContract 47950 C17 SECT AWa
CONTRACT NO. `f
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
'At
THIS AGREEMENT, made and entered into this day of , 2016,
by and between Vaquero FTW6 Partners, LP, a Texas limited partnership, acting by and
through Vaquero Ventures Management, LLC, its General Partner, hereinafter referred to
as"Landowner", and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 1.887-acre tract located in the George W. Hartzog Survey, Abstract 697,
Tarrant County, Texas according to the deed recorded in Instrument #D205011059, Deed
Records, Tarrant County, Texas,hereinafter called the"Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Dollar General/Retail , Lot 1 & 2,
Block A, Southeast Fort Worth Addition hereinafter called the "Plan", which is expressly
made a part hereof, as approved or to be approved by the City and the Landowner
provides for management of Stormwater within the confines of the Property; and
WHEREAS, the City and the Landowner, and their successors and assigns, agree
that the health, safety and welfare of the residents of the City of Fort Worth, Texas require
that on-site Stormwater Management Facilities be constructed and maintained on a portion
of the Property; and
WHEREAS, the City requires that on-site Stormwater Management Facilities
ECE�V � ("Facility") as shown on the Plan be constructed and adequately maintained by the
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STORMWATERFACILITYMAINTENANCEAGREEMENTRev.12/29/2014
Landowner, its successors and assigns,the location and dimensions of which is shown and
more particularly described by metes and bounds in the attached Exhibit "A" ("Facility
Property"); and
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein, and the following terms and conditions, the parties hereto
agree as follows:
1. The Landowner, its successors and assigns, shall adequately construct and
maintain the on-site Stormwater Management Facility ("Facility") at no
expense to the City of Fort Worth in accordance with the design specifications
for the Facility, attached as Exhibit`B", and the current standards then in force
and effect in the City of Fort Worth and with the Operations and Maintenance
Plan attached to this Agreement as Exhibit "C". The Stormwater Facility
includes all pipes, channels or other conveyances built to convey Stormwater
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the Stormwater. Adequate maintenance is
herein defined as good working condition so that these facilities are performing
their design functions. The Stormwater Structural Control Maintenance
Checklists, attached to this Agreement as Exhibit "D", are to be used to
establish what good working condition is acceptable to the City.
2. The Landowner, its successors and assigns, shall inspect the Facility and
submit an inspection report to the City annually. The purpose of the inspection
is to assure safe and proper functioning of the Facility. The inspection shall
cover the entire Facility, berms, outlet structure, pond areas, access roads, etc.
Components of the Facility, which need maintenance or replacement to
perform their design function, shall be noted in the inspection report along with
the corrective actions to be taken.
3. The Landowner, its successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon the Property and to
inspect the Facility Property whenever the City deems necessary. The purpose
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.12/29/2014
of inspection is to follow-up on reported deficiencies and/or to respond to
citizen complaints. The City shall provide the Landowner, its successors and
assigns, copies of the inspection findings and a directive to commence with the
repairs if necessary.
4. In the event the Landowner, its successors and assigns, fails to maintain the
Facility in good working condition as specified herein, the City, its authorized
agents and employees, may enter upon the Facility Property and take whatever
steps necessary to correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Landowner, its successors and assigns.
It is expressly understood and agreed that the City is under no obligation
to routinely maintain or repair said Facility, and in no event shall this
Agreement be construed to impose any such obligation on the City, such
obligation is Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement,performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand, within thirty(30) days of receipt thereof for all actual costs
incurred by the City hereunder. In the event that Landowner or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
shall impress a lien for the costs of such work upon other lots owned by the
Landowner. Such lien shall be perfected by filing in the office of the County
Clerk of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and making reference to
this Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY,HOLD HARMLESS AND DEFEND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.12/29/2014
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE
ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY,
INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF
THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3)
FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A
MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA
TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS
HEREUNDER.
7. Landowner covenants and agrees that no habitable building shall be erected
within the drainage easement outlined on Exhibit "A" but this paragraph shall
not preclude construction of other improvements within the drainage easement,
which do not impede drainage. Landowner covenants and agrees that no
habitable building shall be erected on the above property abutting such
easement which shall have a finished floor at an elevation less than two feet
above the maximum depth of water in the detention pond which would occur
during a 100 year frequency flood.
8. This Agreement shall be recorded among the land records of Tarrant County,
Texas, shall constitute a covenant running with the land, and shall be binding
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.12/29/2014
Executed this ay of 2016.
Landowner City of Fort Worth
Vaquero FTW6 Partners, LP,
a Texas limited partnership
By: Vaquero Ventures Management, LLC
its General Partner
Name: W.A. Landreth - ten. a -J-��7 eC"1
Assistant City Manager
Title: Manager
Approved as to Form and Legality
Assistant City Attorney, 1� �'
ATTEST
J
it Secr a'
°
°
AS
OFFICIAL RECORD
CITY SECRETARY
FT WORTH TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.12/29/2014
STATE OF TEXAS §
COUNTY OF TARRANT §
�" This instrument was acknowledged before me on ��J { s, )-O1(o by
�tSuS �tica Costa, Assistant City Manager of the City of Fort Worth on behalf of the City
of Fort Worth.
LINDA M. HIRRLINGER
Notar Public, State of Texas
Notary Public,State of Texas y
Comm.Expires 02-02-2018
Notary ID 12414474-6
COUNTY OF TARRANT §
\\Before me, the undersigned authority on this day of
A` ,JNX— , 2016, personally appeared W.A. Landreth, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that the same is the act of Vaquero FTW6 Partners, LP, a Texas limited partnership,
and that he executed the same as the Manager of Vaquero Ventures Management, LLC,
General Partner of Vaquero FTW6 Partners, LP, and as the act of such limited partnership,
and for the purposes and consideration expressed in the foregoing instrument.
1*�r%syr
KYLE BARREti Notary Pub , State of Texas
': .o Notary Public,State of Texos
Comm.Expires 06-17.2018
Notary ID 129854451
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.12/29/2014
JPH Land Surveying, Inc. a N d
Dallas-Fort Worth * Austin * Abilene �4
EXHIBIT
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Sheet 1 of 2
FIELD NOTES to that certain tract situated in the George W.Hartzog Survey,Abstract
Number 697 in the City of Fort Worth,Tarrant County,Texas,said tract being a portion SOI V
2
of the tract described in the deed to Southeast Fort Worth, Inc. recorded under Instrument Number
D205011059 of the Official Public Records of Tarrant County, Texas; the subject tract being more
particularly described as follows:
Commencing at a 60d nail found at the northeast corner of Lot 16,Block 2,Morningside Terrace recorded
in Volume 388-200,Page 23 of the Plat Records of Tarrant County,Texas;
THENCE SOUTH 89 degrees 34 minutes 42 seconds WEST,with the north line of said Lot 16,Block
2,Morningside Terrace,a distance of 149.91 feet to the northwest comer of Lot 16,Block
2,Morningside Terrace same being the northeast corner of that certain tract described in
the deed to Southeast Fort Worth,Inc.recorded under Instrument Number D205011059 of
the Official Public Records of Tarrant County, Texas (hereinafter referred to as the
Southeast Fort Worth,Inc.tract),from which a found 1/2 inch rebar bears SOUTH 03
degrees EAST,a distance of 0.88 feet from the corner;
THENCE SOUTH 00 degrees 10 minutes 09 seconds EAST,with the common line of Morningside
Terrace and the said Southeast Fort Worth,Inc.tract,a distance of 15.76 feet to the Point
of Beginning;
THENCE SOUTH 00 degrees 10 minutes 09 seconds EAST,continuing with the said common line,
a distance of 179.24 feet;
THENCE the following calls,through the interior of the Southeast Fort Worth,Inc.tract:
1. SOUTH 89 degrees 34 minutes 42 seconds WEST,being parallel with and 5.00 feet north
of the south line of the Southeast Fort Worth,Inc.tract,a distance of 25.02 feet;
2. NORTH 00 degrees 25 minutes 18 seconds WEST,a distance of 51.68 feet;
3. SOUTH 89 degrees 34 minutes 42 seconds WEST,a distance of 50.14;
4. NORTH 00 degrees 25 minutes 18 seconds WEST,a distance of 127.56 feet;
5. NORTH 89 degrees 34 minutes 42 seconds EAST,being parallel with and 15.80 feet south
of the north line of the Southeast Fort Worth,Inc.tract,a distance of 75.46 feet returning
to the Point of Beginning and enclosing 10,863 square feet.
Jewel Chadd
Registered Professional
Land Surveyor No.5754
jc,� "iphls.cum E O.F.T
June 8,2016 5 0
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2015.022.021 Berry Street—Drainage Esm't
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Dallas-Fort Worth Austin Abilene
807 Bluebonnet Drive,Suite C 13563 W SH 29,Suite 4 500 Chestnut St.#1621
Keller,Texas 76248 Liberty Hill,Texas 78642 Abilene,Texas 79602
(817)431-4971 (512)778-5688 (325)672-7420
Firm#10019500 Firm#10194073 Firm#10193867
W W W JPHLANDSURV EYING.COM
EXHIBIT ,, A"
SHEET TWO OF TWO
BLOCK 2 1
MORNINGSBDE TERRACE
VOL.3884-PG.78
P.RT.CT.
LOT 11 LOT 12 LAT 13 LOT 14 LOT IS
T
BE P.O.C.21*4
— -- -- BEARS ARE 10.1 r
FROM CORNER _ —
—N1589°34'42W 14991'— 60D NAII.
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//N89°34'42"E,75.46''
P.O.B.
/ LOT 16,BLOCK 2
MORNINGSIDE TERRACE
VOL.388-200,PG.23
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P.R.T.C.T,
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MORNINGSBDE TERRACE
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BEARS SO°E 10.49'
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AS SHOWN ON
VOL.388-200,PG.23
P.R.T.C.T,
100'R.O.W.
•Monuments are found
•Bearings are based on Grid North per Texas
Coordinate System of 1983,North Zone T
LEGEND OF ABBREVIATIONS
O.P.R.T.C.T.-Official Public Records,Tarrant County,Texas ~
P.R.T.C.T.-Plat Records,Tarrant County,Texas ,
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June 8,2016
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Scale: 1 40' EXHIBIT SHOWING
JPHJob No. M863 S.F.
2015.022.021 Berry Street-Drainage Esm't.dwg SITUATED IN THE
®2016 JPH Land Surveying,Inc.-All Rights Reserved GEORGE W.HARTLOG SURVEY
807 Bluebonnet Drive,Suite C Keller,Texas 76248
Telephone(817)431-4971 www.jphlandsurveying.com ABSTRACT NO. 697
kTBPLS Firm#10019500#10194073#10193867 CITY OF FORT WORTH
,— DFW I Austin I Abilene TARRANT COUNTY,TEXAS
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fort Worth has in the operation and
maintenance of this Facility is inspection.
General Maintenance Procedures
The structural and functional integrity of the Facility shall be maintained at all
times by removing and preventing drainage interference, obstructions, blockages,
or other adverse effects into, through, or out of the system.
Periodic silt removal shall occur when standing water conditions occur or the
pond's storage volume is reduced by more than 10%. Silt shall be removed and
the pond/basin returned to original lines and grades shown on the approved
engineering plans. In addition, corrective measures are required any time a basin
does not drain completely within 72 hours of cessation of inflow. NO STANDING
WATER IS ALLOWED in basins designed for dry detention purposes.
Accumulated litter, sediment, and debris shall be removed every 6 months or as
necessary to maintain proper operation of the basin. Disposal shall be in
accordance with federal, state and local regulations.
Detention facilities shall be mowed monthly between the months of April and
October or anytime vegetation exceeds 12-inches in height.
To prevent debris from entering and clogging the downstream storm sewer
system a wire mesh screen or similar screening device shall be installed over the
outlet until final acceptance.
4. PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months.
• A log shall be kept of maintenance actions, and inspections. The log
should document the condition of the detention system's primary
components, mowing, and silt, litter and debris removal dates. Document
aeration of the basin bottoms and replanting to prevent the sealing of the
basin bottom.
• Written maintenance and repair records shall be maintained by the
party or parties signing the attached Agreement and shall be provided
to the City upon request.
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
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